Q: My sister is divorced and her ex-husband signed a quit claim deed to remove his name from the property they owned together. However, he is still on the loan.
My sister cannot refinance to get him off the loan because she doesn’t have a job. She says there’s a court order in the divorce papers that requires her to remove him from the loan before March, 2008.
If she is unable to do this would he be able to take the house from her?
A: If she can’t get a job, and her alimony isn’t enough to support the mortgage on the property, she may have to sell the house. Without a job she’s probably unable to afford the home on her own, and it’s unfair to ask her ex-husband to continue to put his credit on the line so that she can live in a house she can’t afford.
The best thing she could do is sell the property now, take the equity and rent something that is more affordable. It would also be wise of her to talk to her divorce attorney and determine what her options might be under her specific divorce agreement.
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